Edwards v. Edwards

PARKER, Judge.

Defendant first assigns error to the trial court’s action in denying her motion to dismiss plaintiff’s action on the grounds that it must be brought as an additional claim in the existing suit between the parties. We find no error in this regard.

Gardner v. Gardner, 294 N.C. 172, 240 S.E. 2d 399 (1978), relied on by defendant, is distinguishable. In Gardner, the wife on 12 May 1976 filed an action for alimony without divorce on the ground, among others, that her husband had abandoned her on 28 May 1975. While this action was pending and before filing answer therein, the husband…